When is a Written Opinion of the International Searching Authority not required?
A Written Opinion of the International Searching Authority is not required in a specific limited instance, as described in MPEP 1845: “A written opinion of the International Searching Authority is not required in the limited instance where a demand for international preliminary examination and required fees (PCT Rule 69.1(a)) have been filed with the United…
Read MoreWhat is the Written Opinion of the International Searching Authority?
The Written Opinion of the International Searching Authority is a document established by an examiner alongside the international search report. It provides an assessment of the claimed invention’s novelty, inventive step, and industrial applicability. As stated in MPEP 1845: “The examiner is required, in most instances, to establish a written opinion on novelty, inventive step,…
Read MoreWhere can I find definitions related to the Patent Cooperation Treaty (PCT)?
Definitions related to the Patent Cooperation Treaty (PCT) can be found in several sources: PCT Article 2 and PCT Rule 2, which are available in MPEP Appendix T 35 U.S.C. 351, found in MPEP Appendix L 37 CFR 1.9 and 1.401, located in MPEP Appendix R PCT Administrative Instructions Section 101, available in MPEP Appendix…
Read MoreWhen is international preliminary examination not required?
International preliminary examination may not be required in certain instances, as outlined in MPEP 1874. Specifically: When the subject matter claimed is not within the scope of what the International Preliminary Examining Authority is required to examine under the Regulations. When the description, claims, or drawings are so unclear that no meaningful opinion can be…
Read MoreWhen are international patent applications published?
According to MPEP 1857, international patent applications are typically published 18 months after the priority date. However, there are exceptions: The applicant can request earlier publication. Publication may be delayed if the application is withdrawn or considered withdrawn before technical preparations for publication are completed. As stated in PCT Article 21(2)(a): Subject to the exceptions…
Read MoreWhat is the International Preliminary Examination Report (IPER)?
The International Preliminary Examination Report (IPER), also known as the International Preliminary Report on Patentability (Chapter II of the Patent Cooperation Treaty), is a document established on Form PCT/IPEA/409. As stated in the MPEP, “The international preliminary examination report contains, among other things, a statement (in the form of simple “yes” or “no”), in relation…
Read MoreWhat is the internal time limit for the USPTO to prepare the international preliminary examination report?
According to MPEP 1879.01, while the official time limit for establishing the international preliminary examination report is 28 months from the priority date, the USPTO has set an internal deadline: “This time limit is 27 months internally to ensure sufficient time to process, review and mail the report in sufficient time to reach the International…
Read MoreHow does the USPTO’s policy differ from other International Searching Authorities regarding subject matter searches?
The USPTO’s policy on international searches differs significantly from other International Searching Authorities. According to MPEP 1843.02: “The USPTO has declared that it will search and examine, in international applications, all subject matter searched and examined in U.S. national applications.“ This means that while other International Searching Authorities may choose not to search certain subject…
Read MoreWhat is the difference between unity of invention analysis and independent and distinct analysis?
The analysis used to determine whether the Office may require restriction differs depending on the type of application: For national stage applications submitted under 35 U.S.C. 371, a unity of invention analysis is used. For national applications filed under 35 U.S.C. 111(a), an independent and distinct analysis is used. As stated in MPEP 823: “The…
Read MoreWhere can I find detailed information about unity of invention under the Patent Cooperation Treaty (PCT)?
Detailed information about unity of invention under the Patent Cooperation Treaty (PCT) can be found in MPEP Chapter 1800. Specifically, the following sections provide in-depth discussions: MPEP § 1850 MPEP § 1875 MPEP § 1893.03(d) As stated in MPEP 823: “See MPEP Chapter 1800, in particular MPEP § 1850, § 1875, and § 1893.03(d), for…
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